THIRVEN STEELS PRIVATE LIMITED Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) The petitioner is a small scale unit. It set up a unit for producing steel castings. Power connection to that unit was granted on 28-10-1987 in H.T. category-I after the Chief Electrical Inspector to Government of Andhra Pradesh inspected the same and issued certificate dated 24-10-1987. The unit commenced production from 14-11-1987. It was paying all its electricity dues regularly till the month of October, 1988. By letter dated 19-11-1988, the 1st respondent i.e., the Superintending Engineer (Operation Circle), Cuddapah, required the petitioner to pay a sum of Rs.2,16,936-15 Ps. towards charges for non-segregation of lights and fans for the period from 29-10-1987 to September, 1988 by including the same in 11/1988 C.C.Bill. He also enclosed a statement showing how the amount was arrived at month-wise giving short billed etc. amounts for each month. In that letter, the 1 st respondent observed that "from the test report of your H.T. 107 the loads under lights and fans are not segregated and therefore you are liable to the charged 15 per cent of the total consumption at Rs. 1.10 Ps." In the present Writ Petition,the petitioner questions thisdemand for Rs.2,16,936-15 Ps.towards non-segregation charges.

(2.) Though the Writ Petition was admitted on 31-1 -1989 no counter affidavit has been filed till now and no records have been produced by the respondents in answer to the RuleNisi. The learned Standing Counsel A.P.S.E.B appearing for the respondents places before us his letters dated 7-12-1988 and 17-1-1989 addressed to the 2nd respondent herein i.e. the Divisional Engineer (Operation), A.P. State Electricity Board, Cuddapah, for instructions for filing the counter affidavit. He states that there was no response from him. There will be occasion for us to advert to this a little later.

(3.) In the affidavit in support of the Writ Petition it is stated on behalf of the petitioner that the petitioner paid the bill amount for November, 1988 excluding the disputed amount of Rs.2,16,936-15 Ps. and when by another letter dated 19-11-1988 the 1st respondent demanded the payment of the same under threat of disconnection, the petitioner addressed letter dated 24-11-1988 bringing to the notice of the 1 st respondent that there was segregation of lights and fans from inception and that its unit was not liable to pay additional charges towards lights and fans in view of the fact that the consumption for lights and fans was less than the prescribed limit. It is the case of the petitioner that on 12-1-1988 itself it paid a sum of Rs. 12,720/-to wards sub- meter charges, the installation of which would mean segregation of the loads under lights and fans. The petitioner also filed a xerox copy of letter dated 12-1-1988 addressed to the 2nd respondent herein stating that the petitioner's unit had a lighting load of 10 K.W. and requesting for installation of separate meter and for early action in that regard. The petitioner also filed along with the Writ Petition a xerox copy of a handwritten letter addressed to the Senior Accounts Officer (Operation), A.P.S.E.B., Cuddapah, the 3rd respondent herein, stating that a letter was handed over in Divisional Engineer's office in the month of January, 1988 for fixing the sub-meter in the petitioner's unit and that due to nonavailability of meters that was not done and that for no fault of the petitioner, the Bill was raised at Rs. 1.10 Ps. per unit for 15 per cent of the units consumed. It was also stated in that letter as follows: